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}�L-c <br />&C W <br />GRANT OF TEMPORARY EASy�EMENT <br />lq-1l JUL IQ P 1: 5 0 <br />THIS INDENTURE is made this ly day of � � iM `1-997•,`Y <br />t7 by and between Teacher's Credit Union (here ' afte It`d,r :)"-: and <br />?s}, the Civil City of South Bend, Indiana (hereinal Ee"e <br />For and in consideration of One Dollar ($1.00) and other <br />valuable consideration, the receipt of which is hereby <br />acknowledged, Grantor hereby grants and conveys to Grantee a <br />temporary easement at the location hereinafter set forth and <br />described to allow the installation, construction and improvement <br />of a temporary earth retention system and related facilities in <br />connection with the construction of an underground parking garage <br />and public plaza (the Project), together with the right of <br />ingress to and egress from said easement for the purpose of <br />installing, constructing and improving said earth retention <br />system or other facilities incident thereto, in, upon, over, and <br />under the following described real estate in the City of South <br />Bend, St. Joseph County, State of Indiana, described as follows: <br />SEE ATTACHED EXHIBIT A <br />The easement rights granted herein shall pertain to the air, <br />surface, and subsurface rights and interest of the Grantor, for <br />the use and benefit of the Grantee, to the nature and extent that <br />the Grantee may desire or need said air, surface and subsurface <br />rights and interests to reasonably accomplish and carry out the <br />construction of the Project and related facilities. The easement <br />hereby granted is for the benefit of the City of South Bend, <br />Indiana, and expressly includes the right and privilege to clean <br />and remove from said easement such landscaping materials, <br />concrete, asphalt, or other obstructions interfering with <br />Grantee's construction and improvement of the Project. <br />Grantee shall have the right of ingress or egress over <br />Grantor's real estate adjoining said easement to facilitate the <br />installation, construction, and improvement of the Project and <br />related facilities. <br />Grantee agrees to restore the area disturbed by its work to <br />a condition as good or better than the original condition. <br />Grantee shall remove the existing underground fuel storage tank <br />and replace it with a temporary, above --ground tank. <br />The Grantor reserves the right to use and occupy the surface <br />area on and over the temporary easement during the period of <br />construction provided that said use and occupancy does not in any <br />way conflict or obstruct the Grantee's right to use said surface <br />